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June 16, 2010

Myriad Appeals AMP v. USPTO Decision

Myriad Genetics, for itself as well as the named
defendant Directors of the University of Utah Research Foundation, filed a Notice of Appeal today in Association for Molecular Pathology v. U.S. Patent and Trademark Office.As a
consequence, the decision by Judge Robert Sweet holding that patents to human
genes were not statutory subject matter as being the "physical embodiment
of genetic information" will be reviewed by the Federal Circuit, and
perhaps ultimately, the U.S. Supreme Court.

The Federal Circuit has not yet set a briefing schedule,
which Patent Docs will post when it
becomes available.It can be
expected that the Court will be the beneficiaries of several amicus briefs.It will be interesting to see if amici include universities, whose patent portfolios will be the
most harmed by affirmance of the gene patenting ban promulgated by Judge
Sweet.

For
additional information regarding this and other related topics, please see:

Comments

The Fed Circuit will probably overturn the decision in no uncertain terms. However, it will just be a way station on the way to the Supreme Court. Who knows what the technological illiterates there will do with this case? I'm afraid that they will buy into the ACLU's bogus women's health arguments and agree with the District Court.

"will be reviewed by the Federal Circuit, and perhaps ultimately, the U.S. Supreme Court."

If they do go to the USSC can you get me a seat Kev? I totally do not want to have to show up at midnight the night before the case to get a seat. Although, if it comes to that at least I'll be ready this time. I'll totally get your lunch if you can get me a seat.

In the mean time, I'll see you boys at the CAFC. I will have to keep my eye open for when the panel hearing is going to happen, those things always slip by me.

"It will be interesting to see if amici include universities, whose patent portfolios will be the most harmed by affirmance of the gene patenting ban promulgated by Judge Sweet."